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118 California: Amending sec. 1617, Political Code, relative to the powers and

duties of trustees of school districts and of boards of education in cities.

Authorizing, payment of teachers' salaries in twelve monthly payments; admission of children to deaf school at three years of age. Restricting admission of children to beginning classes to certain months. Providing for bids for expenditures exceeding $200. New sections relating to health and transportation.

Twenty-third.To give diligent care to the health and physical development of pupils, and where sufficient funds are provided by district taxation, to employ properly certificated persons for such work.

Twenty-fourth.--To provide for the transportation of pupils wherever in their judgment such transportation of pupils is advisable: Provided, That such transportation of pupils shall not cost the district more than fifteen cents per pupil transported per day.”

Chap. 687, Apr. 22, 1909. D. 119 Colorado (1909): The power to determine the necessity of taking land for

a schoolhouse site is vested in the school authorities of the district by Mills' Ann. St., sec. 4013, and is not a question for a commission or jury.--Kírkwood

v. School Dist. No. 7, in Summit County, 101 P., 343. 120 *Connecticut: Amending sec. 2, chap. 195, Public Acts, 1903, and repealing

sec. 5, chap. 195, Public Acts, 1903, as amended by chap. 259, Public Acts, 1907, relative to the supervision of schools.

Authorizing the formation of supervisory unions by two or more towns employing together more than 30 and not more than 50 teachers (formerly, not less than 25 nor more than 50 teachers). Authorizing employment of superintendents by towns employing more than 20 and not more than 30 teachers; state aid equal to one-half of superintendent's salary. Annual maximum aid, $800. Providing for supervisory agents in towns employing not more than 20 teachers; state aid.

"SEC. 6. Every town which employs not more than thirty teachers and in which there is no superintendent of schools or supervising agent shall, at its first annual or biennial town meeting after January 1, 1910, vote by ballot to determine whether it will instruct its school visitors, town school committee, or board of education to employ a superintendent of schools or request

the

appointment of a supervising agent under the provisions of this act.

Chap. 225, Aug. 19, 1909. 121 Connecticut: Relating to town management of public schools. (Amending

chap. 146, Public Acts, 1909.) See No. 207.

Providing for payments to town treasurer, agent, or school committee by towns not assuming control of schools as provided by chap. 146, Public Acts, 1909.

Chap. 251, Aug. 24, 1909. D. 122 Connecticut (1909): New Britain City Charter, Sp. Acts, 1905 (14 Sp. Laws,

p. 915), consolidating the town and city of New Britain; providing that all vacancies in any of the offices shall be filled by the council, and declaring that the city shall be a consolidated school district; deprives the school committee of the city of the power of filling vacancies, as authorized by Gen. Stat., 1902, sec. 2218, providing that the school committee shall fill vacancies in their own number, and a vacancy in the school committee is properly filled by the council; the provision of the charter inconsistent with the general statute controlling.–

State v. Hatch, 72 A., 575. D. 123 District of Columbia (1908): The court will liberally construe the

act of Congress of June 20, 1906, chap. 3446, 34 Stat. 316, creating the board of education of the District of Columbia, so as to give the board discretion in carrying out its objects, and not interfere by mandamus with the board in the exercise of its discretion in matters pertaining to the management of the public schools, unless there has been such a gross abuse of discretion as amounts to a total lack of authority to act.-United States v. Hoover, 31 App. D. C., 311.

124 Idaho: Amending an act entitled, "An act to provide for the establishment of

graded public schools in the city of Lewiston. An act to provide for the establishment and maintenance of graded school in the city of Lewiston (approved Dec. 30, 1880).” (And also as amended by act of Feb. 7, 1883, and as amended by act of Feb. 5, 1885, as appears in said act); providing for the organization and government of independent school district No. 1 of Nez Perce County, and for establishing and maintaining a system of schools; authorizing a superintendent therefor; providing for the assessing and collecting of the taxes therefor; providing for the refunding of the bonds thereof; providing a treasurer for said district and for depositing the funds thereof; providing for the investment of the surplus moneys of said district.

H. B. No. 105, p. 43, Mar. 6, 1909. 125 'Idaho: Amending sec. 628, Revised Code, 1909, relative to the reports of school

trustees.
Providing for detailed and itemized reports.

Š. B. No. 145, p. 191, Mar. 15, 1909. 126 Idaho: Amending sec. 625, Revised Code, 1909, relative to the general duties of trustees.

H. B. No. 260, p. 216, Mar. 15, 1909. 127 Idaho: Amending sec. 622, Revised Code, 1909, relative to the election of trustees and voting special taxes.

H. B. No. 49, p. 430, Mar. 7, 1909. D. 128 Idaho (1908): School Laws (Sess. Laws, 1899, p. 105), sec. 82, as amended by

Acts, 1905 (Sess. Laws, 1905, p. 71), forbidding a trustee to be interested in any contract with the board or in any supplies furnished, and providing that no action shall be maintained upon a contract in which a trustee is interested, but the same shall be void, does not, because the only penalty provided is that an action shall not be maintained on a contract in violation thereof, prevent a recovery by the district of money paid upon a contract in violation thereof.

Independent School Dist. No. 5 v. Collins, 98 P., 857. D. 129 Idaho (1908): School Laws (Sess. Laws, 1899, p. 105), sec. 82, as amended by

Acts, 1905 (Sess, Laws, 1905, p. 71), providing that no trustee shall be interested in any contract made by the board or in any supplies furnished to the district, and that no action shall be maintained upon any contract in which a trustee is interested, but the same shall be void, is intended to prohibit a trustee from making any contract with his district in which he is pecuniarily interested.

Independent School Dist. No. 5 v. Collins, 98 P., 857. D. 130 mlinois: A board of education has power to adopt a rule excluding all pupils

who are members of secret societies from participating in athletic contests, etc., and such a rule is reasonable.—(1907) Wilson v. Board of Education of City of Chicago, 137 III. App., 187; judgment affirmed (1908), 84 N. E., 697; 233 III.,

464. 131 Indiana: Concerning common school corporations in cities of more than 100,000

inhabitants.

Legalizing and validating certain acts and doings of school commissioners in all cities of more than 100,000 inhabitants, relative to tax levies.

Chap. 38, Mar. 1, 1909. 132 Indiana: Concerning boards of school trustees in cities of more than 36,000

inhabitants and less than 40,000 inhabitants.

Providing for a board of school trustees of five members; prescribing qualifications, manner, and time of election. First election, November, 1909.

Chap. 75, Mar. 5, 1909. D. 133 Indiana (1909): Persons contracting with school trustees must recognize that

their powers are limited by law.-Slattery v. School City of South Bend, 86 N. E., 860.

D. 134 Louisiana (1909): Where the term of office of a parish superintendent of educa

tion expires by limitation, the parish board of school directors as then constituted is, under Acts, 1902, p. 406, No. 214, sec. 8, as amended by Acts, 1908, p. 49, No. 49, authorized to elect his successor; and, such successor having been so elected for the term fixed by law, the board as subsequently constituted is bound by the action, and is without authority to elect another person for such

term.-State ex rel. Wilson v. Hardin, 49 So., 490. 135 Maine: Amending in a minor manner sec. 42, chap. 15, Revised Statutes, 1903,

as amended by chap. 101, Laws, 1907, relative to payment of superintendents of towns comprising school unions.

Chap. 146, Mar. 26, 1909. 136 Massachusetts: Amending sec. 19, chap. 283, Acts, 1897, and providing that the

mayor of the city of Newton shall be a member of the school committee of said
city.
Replacing “president of the board of aldermen" by “mayor.”

Chap. 138, Mar. 5, 1909. (Jan. 10, 1910.) 137 Michigan: Repealing secs. 1, 2, 3, 4, 5, 6, and 8, chap. 4, act 164, Public Acts,

1881 (secs. 4692, 4693, 4694, 4695, 4696, 4697, and 4699, Compiled Laws, 1897), relative to township officers and the township board of school inspectors; and amending secs. . 7, 9, 10, and 11, chap. 4, act 164, Public Acts, 1881 (secs. 4698, 4700, 4701, 4702, Compiled Laws, 1897), relative to the duties of the township clerk.

Act 29, Apr. 14, 1909. 138 Michigan: Repealing sec. 4767, Compiled Laws, 1897, relative to penalties of

school inspectors for neglect or refusal to qualify; and amending secs. 4752, 4754, 4756, 4757, 4758, 4759, 4760, 4761, 4762, 4764, Compiled, Laws, 1897, relative to township libraries; and amending secs. 4768, 4769, and 4772, Compiled Laws, 1897, relative to penalties and liabilities of school officers for neglect of duty.

Act 32, Apr. 14, 1909.

139 Michigan: Amending sec. 21, chap. 3, act 164, Public Acts, 1881, as amended by

act 165, Public Acts, 1901 (sec. 4686, Compiled Laws, 1897), relative to the duties of school district directors.

Act 173, June 1, 1909.

D. 140 Michigan (1908): A superintendent of public schools is not a “contractor"

within Const., art. 4, sec. 21, prohibiting the legislature from authorizing extra compensation to any contractor, etc., after the contract has been entered into or the services rendered.-Bird v. Board of Education of City of Detroit, 118

N.W., 606; 15 Detroit Leg. N., 902; 154 Mich., 584. D. 141 Michigan (1908): Loc. Acts, 1903, p. 266, No. 392, sec. 7, requires the board

of education of a city to appoint a superintendent of public schools, who shall hold office for three years, and whose salary, not to exceed $4,000 per annum, shall be fixed by the board, which act was amended in 1907, by Loc. Acts, 1907, p. 127, No. 406, which became effective immediately, and was substantially the same as the original act, except that it omitted the limitation on the salary to be allowed the superintendent. A superintendent was appointed under the former act; and, while he was holding under that appointment, but after the latter enactment, the board of education raised his salary to $6,000 per annum. Held, that the only purpose of the amendment was to remove the limitation as to salary, and under the provision making it effective immediately the board could increase the superintendent's salary, though he was holding under an appointment under the previous statute which limited the amount of his salary-Bird v. Board of Education of City of Detroit, 118 N. W., 606; 154 Mich., 584; 15 Detroit Leg. N., 902.

142 Minnesota: Amending secs. 1311, 1313, 1316, and 1317, Revised Laws, 1905,

relating to the election of trustees and members of the school board in common districts in the State, and relating to vacancies in such board and the filling of such vacancies and providing for the payment of salaries or compensation of trustees and members of the school board in districts embracing or containing more than 10 townships.

Chap. 187, Apr. 14, 1909. 143 Minnesota: Legalizing, validating, ratifying, and confirming the election of

trustees and members of the school board in common school districts embracing or containing 10 or more townships, where the election of such trustees and members of the school board of such district has been held or attempted to be held and such officers elected under and pursuant to sec. 3678, General Statutes, 1894, as amended by chap. 15, Laws, 1899, as amended by chap. 38, Laws, 1903, and amendments thereto, or under and pursuant to sec. 1311, Revised Laws, 1905, and amendments thereto.

Chap. 238, Apr. 19, 1909. 144 Minnesota: Legalizing, validating, ratifying, and confirming the payment of

salaries or compensation to the trustees and members of school boards in common school districts embracing or containing 10 or more townships.

Chap. 239, Apr. 19, 1909. 145 Minnesota: Legalizing, validating, ratifying, and confirming the official acts of

trustees and members of school boards of common school districts containing 10 or more townships, where such trustees and members of the school board and school boards have been elected or attempted to be elected and hold office under and pursuant to sec. 3678, General Statutes, 1894, as amended by chap. 15, Laws, 1899, as amended by chap. 38, Laws, 1903, and amendments thereto, or under and pursuant to section 1311, Revised Laws, 1905, and amendments thereto.

Chap. 240, Apr. 19, 1909. 146 Minnesota: Legalizing contracts made and entered into between April 1, 1903,

and May 1, 1908, by school districts with officers and members of such school district for necessary supplies therefor and any payments on account thereof.

Chap. 255, Apr. 19, 1909. 147 Minnesota: Enabling boards of education in special school districts to employ clerks or secretaries who are not members of such boards.

Chap. 277, Apr. 20, 1909. 148 Missouri: Repealing art. 3, chap. 154, Revised Statutes, 1899, relating to the

organization of school districts in cities with more than 50,000 and less than 300,000 inhabitants, and re-enacting in lieu thereof a new article providing for the organization and government of school districts in cities of over 75,000 and less than 500,000 inhabitants. [For the purpose of permitting Kansas City to retain existing school board organization.]

P. 828, May 28, 1909. 149 Missouri: Amending sec. 9919, Revised Statutes, 1899, relative to schools in

cities with 300,000 inhabitants or over.
Applying section to cities of 500,000 or over.

P. 846, May 28, 1909.
D. 150 Missouri (1909): Rev. Stat., 1899, sec. 9759 (Ann. Stat., 1906, p. 4475), vests

the government of the schools in a district in a board of directors of three members, and section 9764 (page 4478) authorizes the board to make all needful rules and regulations for the government of the schools. Held, that such board could make and enforce rules excluding from school all children who had not been externally vaccinated, whenever a smallpox epidemic either existed or was threatened in the district.-State ex rel. O'Bannon v. Cole, 119 S. W.. 424.

D. 151 Missouri (1909): The compulsory school law (Laws, 1905, p. 146; Ann. Stat.,

1906, secs. 9982 (1)-9982 (9)), requiring school attendance by children of school age, did not preclude the school directors of the district from requiring, during a smallpox epidemic, existing or threatened, that no child not externally vaccinated should be permitted to attend school.-State ex rel. O'Bannon v. Cole,

119 S. W., 424. D. 152 Missouri (1909): A school board can discharge only such functions as are

expressly prescribed by statute or fairly arise by necessary implication from

those conferred.--State v. Kessler, 117 S. W., 85. 153 Montana: Amending sec. 882, Revised Code, 1907, relative to the letting of contracts by school trustees.

Chap. 32, Feb. 25, 1909. 154 Montana: Amending secs. 825 and 846, Revised Codes, 1907, providing for

instruction by the county superintendent of schools in regard to the preparation of the annual reports of school district trustees; providing penalties for the failure to make such reports.

Chap. 98, Mar. 6, 1909. 155 Nebraska: Repealing and re-enacting with amendments sec. 11563, Cobbey's Ann. Stat., 1907, relative to powers of moderator.

Chap. 120, Mar. 11, 1909. 156 Nebraska: Repealing, and re-enacting with amendments, sec. 7774, Cobbey's

Ann. Stat., 1907, relative to boards of education in metropolitan cities.

Changing membership of boards of education from 15 members, elected at large, to one member from each ward.

Chap. 131, Mar. 30, 1909. 157 Nevada: Providing for the date of election of school trustees, etc.

Chap. 111, Mar. 16, 1909. 158 New Hampshire: Relating to incompatibility of certain offices of school dis

tricts.

Prohibiting any member of a school board from acting as treasurer or auditor for the board, or from employment as a teacher.

Chap. 20, Feb. 24, 1909. 159 New Hampshire: Relating to the salaries of school boards and truant officers.

Chap. 22, Feb. 24, 1909. 160 New Hampshire: Creating a school committee for the city of Manchester.

Committee to consist of one member from each ward, with the mayor and president of the common council ex-officio members. 'Elected members to serve two years.

Chap. 323, Apr. 9, 1909. 161 New Jersey: Amending sec. 97, Acts, 1903 (sp. sess.), as amended by sec. 2, chap. 119, Acts, 1907, relating to the district clerk, records, duties, etc.

Chap. 11, Mar. 16, 1909. 162 North Carolina: Amending sec. 4145, Revisal, 1905, relative to school com

mittees.
Relating to compensation of township committee.

Chap. 769, Mar. 8, 1909. 163 North Dakota: Amending sec. 955, Revised Codes, 1905, relating to the com

pensation of members of the board of education.

Providing for compensation of $1.50 for each meeting; not more than one meeting each month,

Chap. 101, Feb. 15, 1909.

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